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Mr. Joseph C. Ternus County Attorney San patricio county Sinton,Texas Opinion No. WW 553 Re: Date a convictionbecomes final under Article 6687b, Section 24,V.C.S., relating to automatic suspensionof driver's license. Dear Mr. Ternus:

You have requested from this office an opinion to determine at what time a convictionbecomes final underArticle 6687b, Section 24, V.C.S. The pertinent part of that Article provides:

"Sec. 24. Automatic suspensionof license. "(a) The license of any person shallbe automatically suspendedupon final conviction of any of the following offenses. "1. Negligent homicide resulting from the operation of a motor vehicle; "2. Driving a motor vehicle while under the influenceof intoxicatingliquor or narcotic mm; “3

. Any offensepunishable as a felony under the motor vehicle laws of this State; "4. A conviction of a driver of a motor vehicle involved in an accident or collision, upon a charge of failure to stop, render aid, and disclose his identity at the scene of said accident or collision; “5. A convictionupon a charge of aggravated assault upon the person by means of motor vehicle, as provided by law. "(b)The suspensionabove provided shall in the first instancebe for a period of six (6) months. In event any license shallbe suspended- -

Mr. Joseph C. TernuS, Page 2, (WW 553)

under the provision of this Section for a second time, said second suspension shallbe for a period of one (1) year." The questionyou presented is similarto the situationposed in Hayes vs. Department of Public Safety, 301 S.W.2d 276 (Tex.Civ.App. 1957, m-it dismissed). In that opinion the Court discussed the following legal questions:

(1) When is an operator's license suspendedunder the Article now under question?

(2) Is it at the time beginningwith the actual physical surrenderor is (it) at the time when a judgment of conviction carrying automatic suspensionbecomes final?

The Court in that opinion said that the statutehad been interpreted to mean exactlywhat it says, that is, upon the final conviction of any person of the offense of driving a motor vehiclewhile intoxicated his license is automatically suspended. The Court further said that the suspension is not conditionedupon the surrenderof license as directedby Section 25 of the statutenor upon the date Defendantbegan serving a jail sentenceas providedby judgaent,and that the automatic suspensionbegins when the judgment of convictionbecomes final. The Court, in discussing the reasoning stated in Powell vs State, 124 Tex.Cr1m.R. 513, 63 S.W. 2d 713 (1933),where, in that opinion, the Court held:

"When an appeal is taken, the sentencebegins from the date of the mandate of the appellate courtwhether the judgmentwas affirmed or whether the appeal was dismissedat the reauest of the aouellant. See also Ex Parte <arey (Tex.Crim:App.)64 S.W. 241." Therefore, the Court, in the Hayes case, purposes involved in their situation,the judgment in when it was affirmedby the Court of CriminalAppeals filing a motion for rehearing had expired. held that for the questionbecame final and the time for
Therefore, it is the opinion of this office that Hayes vs Department of Public Safety, 301 S.W. 2d 276 (Tex.Civ.App.,1957,writ dismissed),answers the questionyou presented and that the date of final conviction is the date which the judgmentbecomes final in the trial court and no appeal can be taken or in the event the case is appealed, the date the Court of CriminalAppeals issues its mandate.Mr. Joseph C. Terrius, Page 3, (W 553)

SUMMARY A convictionbecomes final under Article 6687b, Section 24, Vernon's Civil Statutes after time has elapsed fromwhich no appeal can be made from the trial court, or in the event the case has been appealed, the date the Court of CriminalAppeals issues itsmandate.Respectfully submitted, WILL WILSON Attorney General of Texas
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LS:aw APPROVED: OPINION COMMPFl!E: Geo. P. Blackburn, Chairman Riley Eugene Fletcher Marvin H. Brown, Jr. Leonard Passmore Gordon C. Cass RWINWEDFORTHEATTORNNY GENERAL BY W. V. Geppert Assistant

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